Chapter 17-13 Statutes of Repose

• Jurisdiction: United States

17-13 Statutes of Repose

A statute of repose provides "a definitive date beyond which an action cannot be filed."¹²⁶ A statute of repose differs from a statute of limitations in that it begins to run from a specified date, rather than from accrual of a cause of action.¹²⁷ Consequently, a statute of repose can bar actions before a statute of limitations expires and even before a cause of action accrues.¹²⁸

17-13:1 Ten-Year Repose for Suits Against Architects, Engineers, Designers, Inspectors, and Surveyors

Suits for injury or damage to real or personal property, personal injury, wrongful death, contribution or indemnity against a registered or licensed architect, engineer, interior designer or landscape architect in Texas, who designs, plans or inspects the construction of an improvement to real property or equipment attached to real property, must be brought not later than 10 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement or the equipment.¹²⁹

This 10-year statute of repose can be extended under certain circumstances. If the claimant has presented a written claim for damages, contribution or indemnity to a person who performed the work during the 10-year period, then the period is extended for two years from the date the claim was presented.¹³⁰ In actions based on a defective or unsafe condition of real property or a deficiency in the construction or repair of the improvement against a person who constructed or repaired an improvement to real property, the claim must be brought within 10 years of substantial completion of the improvement.¹³¹ If the damage, injury or death occurs in the tenth year of the period, the claim may be brought within two years of the date the cause of action accrued.¹³² If the claimant presents a written claim for damages within the 10 years, the period is extended for two years from the date the claim was presented.¹³³ The statute of repose does not bar the following actions.

• An action on a written warranty, guaranty or other contract that expressly provides for a longer effective period.
• An action against a person in actual possession or control of the real property at the time that the damage, injury or death occurs; or
• An action based on willful misconduct or fraudulent concealment in connection with the performance of the construction or repair.¹³⁴

An action against...